Yesterday, we received some unfortunate news here at Lucky Dog Audio in the form of a cease and desist letter.
An attorney representing Steven Soderbergh claims that our use of the term “Soderberghicon” violates copyright law. And I quote:
Dear Scott Minor:
It has come to my attention that you have made an unauthorized use of the
copyrighted name “Steven Soderbergh? in the preparation of a work derived
therefrom. Mr. Soderberg has reserved all rights in his Name, first
published on January 14th, 1963, and has registered copyright therein.
Your work entitled “Soderberghicon” is in parts identical to this Name and
clearly uses the Name as its basis.
As you neither asked for nor received permission to use the Name as the
basis for the “Soderberghicon? nor to make or distribute copies, including
electronic copies, of same, I believe you have willfully infringed Mr.
Soderbergh’s rights under 17 U.S.C. Section 101 et seq. and could be
liable for statutory damages as high as $150,000 as set forth in Section
I demand that you immediately cease the use and distribution of all
infringing works derived from the Name, and all copies, including
electronic copies, of same, that you deliver to me, if applicable, all
unused, undistributed copies of same, or destroy such copies immediately
and that you desist from this or any other infringement of his rights in
the future. If I have not received an affirmative response from you by
April 14, 2008 indicating that you have fully complied with these
requirements, I shall take further action against you.
This letter is a painful slap on the wrist for us here at Lucky Dog Audio.
We never intended any malfeasance with our Soderberghicon. We created it to pay tribute to one of our favorite directors, who also just so happens to resemble in some parts our very own Scott Minor. Just take a gander at the photo below, taken of Scott and Steven last year, backstage at MSNBC.
Uncanny! Is it not?
Obviously, we don’t want to stir up any trouble (or pay $150,000!). Therefore we have renamed the “Soderberghicon” the “Sminoricon” and have replaced Steven’s picture with one of Scott, like so:
Exhibit D: The Soderberghicon (Before)
Exhibit E: The Sminoricon (After)
Whew! Disaster averted.